Operational Bulletin 359 - December 12, 2011

Requirements for candidates to be seen taking the Oath of Citizenship at a ceremony and procedures for candidates with full or partial face coverings

Issue

The purpose of this Operational Bulletin is to provide guidance to Citizenship and Immigration Canada (CIC) staff and to ensure that candidates are seen taking the Oath of Citizenship at a ceremony and on the procedures to be followed for candidates wearing full or partial face coverings.

Background

As per subsection 19(1) of the Citizenship Regulations, subject to subsection 5(3) of the Citizenship Act and section 22 of the Regulations, a person who has been granted citizenship under subsection 5(1) of the Act shall take the Oath of Citizenship by swearing, or solemnly affirming before a citizenship judge. Subsection 19(2) of the Regulations indicates that unless the Minister otherwise directs, the Oath of Citizenship shall be taken at a citizenship ceremony.

It is the responsibility of the presiding official and the clerk of the ceremony to ensure that all candidates are seen taking the Oath of Citizenship.

In some circumstances, it is difficult to ascertain whether candidates are taking the oath because they are wearing a full or partial face covering.

Operational Instructions

As it is necessary to ensure that ALL candidates take the Oath of Citizenship, the following procedures are to be implemented immediately:

  • To facilitate the witnessing of the oath taking by CIC officials, all candidates for citizenship are to be seated together, as close to the presiding official as possible:
    • For larger ceremonies (50 or more candidates), additional CIC officials will be required to assist in the witnessing of the oath taking.
  • At time of check-in, all candidates wearing full or partial face coverings must be reminded that they will be required to remove their face coverings for the oath taking portion of the ceremony:
    • They are to be informed that failure to do so will result in the candidate not becoming a Canadian citizen on that day and not receiving their citizenship certificate.
  • The preamble message delivered by the clerk prior to the commencement of the ceremony must reinforce that during the taking of the Oath of Citizenship, candidates must be seen taking the oath in either English or French.

Key messages to insert into the preamble include:

  • “Taking the oath is the final requirement to become a Canadian citizen.”
  • “You must be seen by the presiding official or the CIC officials repeating the Oath of Citizenship in English, French, or both languages.”
  • “If there is any doubt that you have taken the oath [or when applicable, have not removed your face covering], you will NOT be called forward to receive your certificate.”
  • At the oath taking portion of the ceremony, the clerk will:
    • remind candidates that they must be seen repeating the Oath of Citizenship after the presiding official;
    • if necessary, indicate to those wearing a full or partial face covering that now is the time to remove it.

Instructions for a candidate who is not seen taking the Oath of Citizenship:

  • When a candidate is not seen taking the oath by a presiding official or CIC official, the clerk of the ceremony must be notified immediately following the oath taking portion.
  • The candidate’s certificate is to be removed from the pile.
  • The candidate’s name is NOT to be called and the certificate is NOT to be presented.

Note: If there is a minor child associated with the application of the candidate who is not seen taking the oath, that minor child will not be called nor will that child receive a citizenship certificate, unless the child has another parent who is already a Canadian citizen or who takes the oath on the same day.

  • Immediately following the ceremony, the clerk will approach the candidate and explain that the candidate:
    • was not seen taking the oath (if this is due to not removing a face covering, it must be explained);
    • will not receive their citizenship certificate that day; and
    • can return for the next available citizenship ceremony where they will need to be seen taking the oath (and if applicable, remove their face covering during oath taking).

Should the candidate refuse to take the Oath of Citizenship at a future ceremony, the clerk must advise that the candidate:

  • will not become a citizen or receive their certificate of citizenship;
  • can chose to withdraw their application for citizenship and the file will be closed permanently; should the candidate wish to become a Canadian citizen in the future they will have to reapply.
    • Local offices must follow standard procedures for application withdrawal or closing a file. In the section “other reasons”, in the Global Case Management System, the CIC official indicates that the reason is refusal to take the oath or to remove a face covering during the oath taking. If there is a minor child associated with this application, standard procedures apply.

Should the candidate accept to return to take the oath at a future ceremony, the candidate will:

  • be scheduled to attend the next available citizenship ceremony;
  • receive another notice to appear;
  • need to be seen taking the Oath of Citizenship;
  • be reminded that if wearing a face covering, it will need to be removed for the oath taking portion of the ceremony.
  • When the candidate attends the second ceremony, should that person again NOT be seen taking the oath, or fail to remove a full or partial face covering, the procedures outlined above for refusal are to be followed.

Note: The opportunity to return to take the oath at another citizenship ceremony applies only once.

As a way to communicate in advance to applicants wearing full or partial face coverings of the need to be seen by the presiding official taking the Oath of Citizenship at a citizenship ceremony, these candidates must be informed:

At the test/interview session (first notice to applicant):

  • CIC officials must make applicants aware that, should they meet all the requirements for citizenship and be invited to take the Oath of Citizenship at a ceremony, they will need to remove their face covering during the taking of the oath. Failure to do so will result in the candidates not receiving their Canadian citizenship on that day.

At a hearing (if applicable – second notice to applicant):

  • Judges are to remind applicants wearing full or partial face covering that, should they meet all the requirements for citizenship and be invited to take the Oath of Citizenship at a ceremony, they will need to remove their face covering during the taking of the oath. Failure to do so will result in the candidates not receiving their citizenship on that day.